Bill Text: MI HB5804 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control; violations; collection of biometric data for traffic violation; eliminate. Amends sec. 3 of 1925 PA 289 (MCL 28.243). TIE BAR WITH: HB 5802'19
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2020-07-23 - Referred To Committee On Judiciary And Public Safety [HB5804 Detail]
Download: Michigan-2019-HB5804-Introduced.html
HOUSE BILL NO. 5804
May 20, 2020, Introduced by Reps. Howell,
Filler, Mueller, Bolden and Berman and referred to the Committee on
Transportation.
A bill to amend 1925 PA 289, entitled
"An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,"
by amending section 3 (MCL 28.243), as amended by 2018 PA 67.
the people of the state of michigan enact:
Sec. 3. (1) Except as provided in subsection (3), upon On the arrest of a person for a felony or
for a misdemeanor violation of state law for which the maximum possible penalty
exceeds 92 days' imprisonment or a fine of $1,000.00, or both, or a misdemeanor
authorized for DNA collection under section 6(1)(b) of the DNA identification
profiling system act, 1990 PA 250, MCL 28.176, or for criminal contempt under
section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950 and 600.2950a, or criminal contempt for a violation of a foreign
protection order that satisfies the conditions for validity provided in section
2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i, or for
a juvenile offense, other than a juvenile offense for which the maximum
possible penalty does not exceed 92 days' imprisonment or a fine of $1,000.00,
or both, or for a juvenile offense that is a misdemeanor authorized for DNA
collection under section 6(1)(b) of the DNA identification profiling system
act, 1990 PA 250, MCL 28.176, the arresting law enforcement agency in this
state shall collect the person's biometric data and forward the biometric data
to the department within 72 hours after the arrest. The biometric data must be
sent to the department on forms furnished by or in a manner prescribed by the
department, and the department shall forward the biometric data to the director
of the Federal Bureau of Investigation on forms furnished by or in a manner
prescribed by the director.
(2) A law enforcement
agency shall collect a person's biometric data under this subsection if the
person is arrested for a misdemeanor violation of state law for which the
maximum penalty is 93 days or for criminal contempt under section 2950 or 2950a
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
or criminal contempt for a violation of a foreign protection order that
satisfies the conditions for validity provided in section 2950i of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950i, if the biometric data have
not previously been collected and forwarded to the department under subsection
(1). A law enforcement agency shall collect a person's biometric data under
this subsection if the person is arrested for a violation of a local ordinance
for which the maximum possible penalty is 93 days' imprisonment and that
substantially corresponds to a violation of state law that is a misdemeanor for
which the maximum possible term of imprisonment is 93 days. If the person is
convicted of any violation, the law enforcement agency shall collect the
person's biometric data before sentencing if not previously collected. The
court shall forward to the law enforcement agency a copy of the disposition of
conviction, and the law enforcement agency shall forward the person's biometric
data and the copy of the disposition of conviction to the department within 72
hours after receiving the disposition of conviction in the same manner as provided
in subsection (1). If the person is convicted of violating a local ordinance,
the law enforcement agency shall indicate on the form sent to the department
the statutory citation for the state law to which the local ordinance
substantially corresponds.
(3)
A person's biometric data are not required to be collected and forwarded to the
department under subsection (1) or (2) solely because he or she has been
arrested for violating section 904(3)(a) of the Michigan vehicle code, 1949 PA
300, MCL 257.904, or a local ordinance substantially corresponding to section
904(3)(a) of the Michigan vehicle code, 1949 PA 300, MCL 257.904.
(3)
(4) The arresting law enforcement agency may collect the
biometric data of a person who is arrested for a misdemeanor punishable by
imprisonment for not more than 92 days or a fine of not more than $1,000.00, or
both, and who fails to produce satisfactory evidence of identification as
required by section 1 of 1961 PA 44, MCL 780.581. These biometric data must be
forwarded to the department immediately. Upon On completion
of the identification process by the department, the biometric data shall must be destroyed.
(4)
(5) An arresting law enforcement agency in this state may
collect the person's biometric data upon an arrest for a misdemeanor other than
a misdemeanor described in subsection (1), (2), or (4), (3), and
may forward the biometric data to the department.
(5)
(6) If a court orders the collection of a person's
biometric data under section 11 or 18 of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.11 and 712A.18, or section 29 of chapter IV or
section 1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
764.29 and 769.1, the law enforcement agency shall forward the biometric data
and arrest card to the department.
(6)
(7) If a petition is not authorized for a juvenile accused
of a juvenile offense, if a person arrested for having committed an offense for
which biometric data were collected under this section is released without a
charge made against him or her, or if criminal contempt proceedings are not
brought or criminal charges are not made against a person arrested for criminal
contempt for a personal protection order violation under section 2950 or 2950a
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
or criminal contempt for a violation of a foreign protection order that meets
the requirements for validity under section 2950i of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2950i, the official taking or holding that takes or holds the person's biometric data and
arrest card shall immediately destroy the biometric data and arrest card. The
law enforcement agency shall notify the department in a manner prescribed by
the department that a petition was not authorized against the juvenile or that
a charge was not made or that a criminal contempt proceeding was not brought
against the arrested person if the juvenile's or arrested person's arrest card
was forwarded to the department.
(7)
(8) If an individual is arrested for any crime and the
charge or charges are dismissed before trial, both of the following apply:
(a) The arrest record shall must be removed from the internet
criminal history access tool (ICHAT).
(b) If the prosecutor of
the case agrees at any time after the case is dismissed, or if the prosecutor
of the case or the judge of the court in which the case was filed does not
object within 60 days from the date an order of dismissal was entered for cases
in which the order of dismissal is entered after the effective date of the amendatory act that added this
subdivision, June 12, 2018, both
of the following apply:
(i) The arrest record, all biometric data, and fingerprints shall must be expunged or
destroyed, or both, as appropriate.
(ii) Any entry
concerning the charge shall must be removed from
the LEIN.
(8) (9) The department shall comply with the
requirements listed in subsection (8) upon (7) on receipt of an appropriate order issued
by the district court or the circuit court.
(9) (10) If a juvenile is adjudicated and found not to
be within the provisions of section 2(a)(1) of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.2, or if an accused is found not guilty of an
offense for which biometric data were collected under this section, upon on final disposition of
the charge against the accused or juvenile, the biometric data and arrest card
must be destroyed by the official holding that holds those items and the clerk of the
court entering that enters the
disposition shall notify the department of any finding of not guilty or nolle
prosequi, if it appears that the biometric data of the accused were initially
collected under this section, or of any finding that a juvenile alleged
responsible for a juvenile offense is not within the provisions of section
2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(10) (11) Upon On final disposition
of the charge against the accused, the clerk of the court entering that enters the
disposition shall immediately advise the department of the final disposition of
the arrest for which the person's biometric data were collected if a juvenile
was adjudicated to have committed a juvenile offense or if the accused was
convicted of an offense for which the biometric data of the accused were
collected under this section or section 16a of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.16a. With regard to any adjudication
or conviction, the clerk shall transmit to the department information as to any
adjudication or finding of guilty or guilty but mentally ill; any plea of
guilty, nolo contendere, or guilty but mentally ill; the offense of which the
accused was convicted; and a summary of any deposition or sentence imposed. The
summary of the sentence must include any probationary term; any minimum,
maximum, or alternative term of imprisonment; the total of all fines, costs,
and restitution ordered; and any modification of sentence. If the sentence is
imposed under any of the following sections, the report shall so indicate:
(a) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(b) Section 1076(4) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1076.
(c) Sections 11 to 15 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11 to 762.15.
(d) Section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(e) Section 350a(4) of the Michigan penal code, 1931 PA 328,
MCL 750.350a.
(f) Section 430(9)(a)
430(9) of
the Michigan penal code, 1931 PA 328, MCL 750.430.
(g) Section 1209(7) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1209.
(11) (12) The department shall record the disposition of
each charge and shall inform the director of the Federal Bureau of
Investigation of the final disposition of any arrest or offense for which a
person's biometric data were collected under this section or section 16a of
chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16a.
(12) (13) The department shall compare the biometric data
received with those already on file and if the department finds that the person
arrested has a criminal record, the department shall immediately inform the
arresting agency and prosecuting attorney of this fact.
(13) (14) Except as provided in subsection (8), (7), the provisions of
subsection (10) (9) that require the
destruction of the biometric data and the arrest card do not apply to a person
who was arraigned for any of the following:
(a) The commission or attempted commission of a crime with or
against a child under 16 years of age.
(b) Rape.
(c) Criminal sexual conduct in any degree.
(d) Sodomy.
(e) Gross indecency.
(f) Indecent liberties.
(g) Child abusive commercial activities.
(h) A person who has a prior conviction, other than a
misdemeanor traffic offense, unless a judge of a court of record, except the
probate court, by express order on the record, orders the destruction or return
of the biometric data and arrest card.
(i) A person arrested who is a juvenile charged with an
offense that would constitute the commission or attempted commission of any of
the crimes in this subsection if committed by an adult.
(14) (15) Subsection (5) (4) does not permit the forwarding to the
department of the biometric data of a person accused and convicted under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance that substantially corresponding corresponds to a
provision of that act, unless the offense is punishable upon on conviction by
imprisonment for more than 92 days or is an offense that is punishable by
imprisonment for more than 92 days upon on a subsequent conviction.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5802 (request no. 04927'19) of the 100th Legislature is enacted into law.